Procedures & Legislation

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Application for an Authority to Enter Premises

The Industrial Registrar may only issue such authorities to persons in accordance with s. 299 (1), Industrial Relations Act 1996 which states:

      The Industrial Registrar may, on application, issue an instrument of authority for the purposes of this Part to an officer or employee of an industrial organisation of employees.
The Dictionary to the Industrial Relations Act 1996 defines “an industrial organisation of employees” in the following terms:
      "industrial organisation of employees"means an industrial organisation of employees registered, or taken to be registered, under Chapter 5. There is no prescribed form of application for an entry authority but the Industrial Registrar requires that the application:
      • be made on the letterhead of the industrial organisation of employees registered under Chapter 5 Industrial Relations Act 1996 under the hand of the Secretary;
      • state the name of the person to whom the authority is sought to be issued;
      • give an address at which that person may be found (such address may be the registered office of the industrial organisation in terms of s. 224, Industrial Relations Act 1996);
        state either:
        • that person is an employee of the of the industrial organisation of employees registered under Chapter 5 Industrial Relations Act 1996, OR
        • that person is an officer of the industrial organisation of employees registered under Chapter 5 Industrial Relations Act 1996; if so, the letter must identify which rule of the industrial organisation's Rules creates the office to which that officer has been elected in accordance with the Industrial Relations Act 1996;
        • be accompanied by two recent, passport-sized photographs of the person for whom the authority is sought; each of the photographs should be endorsed on the back to the effect that “this is a true likeness of (name of person)” and be signed by the Secretary of the industrial organisation of employees registered under Chapter 5 Industrial Relations Act 1996.
          Surrender of Entry Authorities for Cancellation
            s. 299 of the Industrial Relations Act 1996 requires that a person to whom an authority has been issued must return the authority to the Industrial Registrar for cancellation if that person ceases to be an officer or employee of the industrial organisation of employees concerned.
            Replacement Authorities
            Application for the issue of replacement Entry Authority should be supported by a statutory declaration which confirms the loss or destruction of the original.

            Entry and inspection by officers of industrial organisations

            For further information relating to entry and inspection by officers of industrial organisations can be found in the Chapter 5 Industrial Relations Act 1996.